Washington County, UT Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Base density (PDR)
- 5 units/acre
- Density bonus (PDR)
- 7.5 units/acre with MIHUs
- MIHU affordability term
- 25 years minimum
- MIHU income cap
- 80% of area median income
- Minimum PDR zone size
- 10 acres
- Civil penalty
- $250 per day after cure period
Summary
In unincorporated Washington County's PDR Planned Development Residential zone, base density is capped at 5 units per acre, but a developer can build up to a 7.5-unit-per-acre density bonus by including deed-restricted moderate income housing units (MIHUs).
TABLE 1: DIMENSIONAL STANDARDS Standard PDR PDC PD Multifamily Base density 5 units/acre n/a 15 units/acre Density bonus* 7.5 units/acre n/a n/a
* A verifiable moderate income housing unit (MIHU) is defined as a deed restricted unit on a form provided by the county and under terms acceptable to the County Attorney's office ensuring that the newly constructed unit remains owned by and affordable to low or moderate income households for a period of not less than 25 years. Each unit shall be owner-occupied, with a primary residential exemption as determined by the Washington County assessor's office, with no right to short term rent the unit or any portion of it. Income qualifications for a MIHU are based on federal tax returns showing that the household earns less than or equal to 80% of the area median income (AMI) in Washington County.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).
Full Breakdown
5 units per acre keyed to the MIHU footnote in that table. A qualifying MIHU must be a deed-restricted unit, on a form the county provides and on terms acceptable to the County Attorney's office, that stays owned by and affordable to low or moderate income households for at least 25 years. Each MIHU must be owner-occupied with a primary residential exemption verified by the Washington County assessor's office, and the owner has no right to short-term rent the unit or any portion of it.
Income qualification is based on federal tax returns showing household earnings at or below 80% of area median income (AMI) in Washington County. The county enforces the deed restriction through legal and equitable remedies, and any lender must sign a subordination agreement acknowledging the restriction; on foreclosure or trustee's sale the county will release the restriction on reasonable request, but every other sale or transfer stays bound by it for the full affordability period. Inside a property owners' association, the MIHU participates in common areas but cannot be charged POA fees, and the county may, at its sole discretion, relax minimum lot size or dwelling size standards and waive garage requirements to promote MIHU affordability.
Section 10-9-9 also sets the PDR minimum zone size at 10 acres, 20% minimum open space, a 20-foot front setback, 10-foot side setback, 140-foot street frontage, and a 25-foot standard building height, all reviewed by the county's land use authority and county commission.
Violations & Fines
Density bonus units built without the required MIHU deed restriction, or a PDR project that departs from Table 1's standards without land use authority approval, is enforced under Washington County Code § 10-1-22: a $250-per-day civil penalty after a warning letter and 10-day cure period, or prosecution as a class B misdemeanor after a required notice and cure opportunity, with each continuing day of violation a separate offense.
Frequently Asked Questions
How much density bonus can a PDR project get in Washington County?
Can a density bonus unit be rented short-term in Washington County?
Does a Washington County MIHU pay property owners' association fees?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Utah zoning overlays & bonuses overview
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